Stage Details

Legislation -
Concurrence Vote Failed
(House)
-
March 10, 2009

Legislation -
Bill Passed
(House)
(67-23) -
March 9, 2009(Key vote)

Title: State and Local Transportation Authorities

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that establishes the Kentucky Public Transportation Infrastructure Authority and authorizes the establishment of local public infrastructure authorities for the purpose of implementing and facilitating the financing of transportation projects.

Highlights:

-Establishes the Kentucky Public Transportation Infrastructure Authority (state authority) to implement and facilitate the financing of major transportation projects, consisting of the following 11 voting members (Sec. 2):

-Secretary of the Finance and Administration Cabinet, or a designee thereof;
-Secretary of the Transportation Cabinet;
-Representative of the Kentucky Association of Counties appointed by the Governor;
-Representative of the Kentucky County Judges/Executive Association appointed by the Governor;
-Representative of the Kentucky League of Cities appointed by the Governor; and
-Six citizen members appointed by the Governor, at least two of whom are familiar with road and bridge design.

-Enumerates the following powers of the state authority (Sec. 3):

-Directly or indirectly construct, maintain, repair, operate, and regulate transportation projects, or contract with another entity for these services;
-Issue project revenue bonds payable solely from the tolls, revenues, rentals, and other funds for the purpose of financing a project;
-Fix, revise, charge, and collect tolls for transit over any project constructed by it, and for any ancillary or connector routs affected by the project;
-Combine projects for financing purposes;
-Establish and enforce rules and regulations for the use of a project;
-Acquire and hold real and personal property including rights, rights-of-way, franchises, easements and other interests in land, and any other item or asset necessary to accomplish its mission;
-Designate locations and establish, limit, and control points of access to the project;
-Enter into agreements with other governmental entities, including the federal government, local governments, and the state of Indiana for the financing and implementation of a project;
-Employ consultants;
-Receive and accept contributions and grants from any source for the construction of a project or the operation of the Authority;
-Expend funds for advertising the facilities and services of a transportation project; and
-Acts necessary or convenient to carry out the powers granted to the state authority by this Act.

-Requires transportation projects to be proposed by one or more local governments that contain all or a portion of the project by requesting the Governor establish by executive order a local public infrastructure authority (local authority) for the purpose of financing the transportation project, which shall be confirmed by the legislature (Sec. 5).
-Specifies that local authorities shall consist of seven members, three of whom shall be appointed by the Governor and shall reside in a county in which the transportation project is located, and the remaining four members shall be appointed as follows (Sec. 5):

-If located wholly within a local government, all four members shall be appointed by the chief executive of the local government; or
-If located in more than one local government, two shall be appointed by the chief executive of the local government with the largest area encompassed by the project and two shall be appointed by agreement of the chief executives of each local government.

-Specifies that the chairman of each local authority shall serve as a nonvoting ex officio member of the state authority (Sec. 2).
-Requires the state authority to evaluate the proposals of local authorities and how it coordinates with the six year road plan developed by the Department of Transporation, and if the state authority determines that the proposal is acceptable and the financing is adequate, the transportation project shall be approved and the state and local authority shall enter into a memorandum of agreement that specifies the duties, responsibilities, and powers of each authority (Sec. 5).
-Specifies that the state authority shall maintain ownership and control of all tolls and other revenue generated by the project, and shall not be subject to the supervision or regulation of any other department, division, authority, board, bureau, or agency of a local or state government, unless there is a transfer of ownership to the state of Kentucky as provided for in this Act (Sec. 6).
-Specifies that the state authority may issued revenue bonds for transportation projects without obtaining the consent of any local government, department, division, authority, board, bureau, or agency of the state (Sec. 10).
-This is a substitute bill sponsored by the House Committee on Appropriations and Revenue.

Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.